Legal Question in Bankruptcy in Virginia

dismissed chapter 13 bankruptcy

I filed chapt. 13 one year ago but i am unable to keep up with my secured creditors outside the plan. my job has cut back and i have'nt been getting regular checks. my plan is up for dismissal. my husband did'nt file with me and i wanted to know if i can refile a chapter 13 again and do it with my husband this time. what is the earliest that i may file a dismissed chapt. 13 after it has been dismissed for non payment of secured creditors.


Asked on 1/17/09, 10:26 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: dismissed chapter 13 bankruptcy

You should be able to re-file right away, unless there was a motion for relief from stay filed and the dismissal was at your request (in which case there is a 180-day bar to refiling). The automatic stay will be limited to 30-days, however, unless you move to extend it. Note that your husband can file at any time.

Let me know if we can be of assistance. We practice bankruptcy law throughout Virginia.

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Answered on 1/18/09, 2:34 am


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